Enforcing Human Rights Through the International Court of Justice: Between Idealism and Realism

in Sir Nigel Rodley and Tara Van Ho (eds.), Research Handbook on Human Rights Institutions and Enforcement (Edward Elgar, 2018, Forthcoming)

24 Pages Posted: 30 Apr 2018

See all articles by Gentian Zyberi

Gentian Zyberi

University of Oslo - Norwegian Centre for Human Rights

Date Written: April 1, 2018

Abstract

When considering the institutional enforcement of human rights, the International Court of Justice (ICJ or Court) might not be the first international judicial institution that comes to mind, mainly because of the lack of standing of individuals before this Court and the establishment of other international courts and individual complaint mechanisms with a specific focus on human rights. Nevertheless, over the seven decades of its existence the contribution of the Court to interpreting and developing international human rights law rules and principles has been significant. Moreover, the Court will continue to be a relevant international actor, as States remain central to the international legal system and bear primary responsibility for ensuring human rights within their respective jurisdictions. Many scholars and practitioners have addressed the impact of the Court on international human rights, either from a broader perspective, or by focusing on specific rights. Most writers seem to have taken an overall positive view of the Court’s contribution to interpreting and developing international human rights rules and principles.

This chapter analyses the impact that the case law of the Court has had on the enforcement of international human rights law and its further development. First, I will briefly introduce the work of the Court, by highlighting its institutional possibilities and limitations. Second, I will analyse the contribution and impact of the Court with regard to interpreting and developing selected rules and principles of international human rights law, namely the right of peoples to self-determination, diplomatic and consular protection, the prohibition of genocide, the application of human rights in armed conflict situations, and State and State officials’ immunity for mass atrocity crimes before foreign domestic courts. Finally, I will provide some concluding remarks.

Keywords: International Court of Justice, International human rights law, Institutional enforcement

Suggested Citation

Zyberi, Gentian, Enforcing Human Rights Through the International Court of Justice: Between Idealism and Realism (April 1, 2018). in Sir Nigel Rodley and Tara Van Ho (eds.), Research Handbook on Human Rights Institutions and Enforcement (Edward Elgar, 2018, Forthcoming), Available at SSRN: https://ssrn.com/abstract=3160073

Gentian Zyberi (Contact Author)

University of Oslo - Norwegian Centre for Human Rights ( email )

P.O box 6706 St. Olavs plass
Oslo, 0130
Norway

HOME PAGE: http://www.jus.uio.no/smr/english/people/aca/gentianz/index.html

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